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影响性刑事个案中民意对判决结果的影响主要表现为:在民意从宽、从严的呼声下,案件判决有的轻缓化,有的从严处理。民意影响判决案件,个案本身具有普遍性规律,如涉案主体身份存在差异、个案折射问题与社会问题高度吻合、案件事实或者适用法律存在模糊性。判决结果总是基于舆论而改变,势必对司法公信力造成一定影响。构建民意与司法判决的良性机制,应加强对弱势群体的权利保护、营造良好的社会制度、严守罪刑法定、建立以依法独立行使职权为核心的司法独立。
The impact of public opinion in the criminal cases on the verdict of the criminal cases is mainly manifested in that under the broad and strict call of public opinions, some of the cases are lightly penalized and some are severely dealt with. Public opinion impact cases, the case itself has universal law, such as the main body involved in the case there is a difference, the refraction of cases and social problems are highly consistent, the facts of the case or applicable law ambiguity. The verdict always changes on the basis of public opinion and will certainly have an impact on the credibility of the judiciary. To build a benign mechanism for public opinions and judicial decisions, we should strengthen the protection of the rights of vulnerable groups, create a sound social system, strictly abide by the law of crimes and punishments, and establish an independent judiciary centering on the independent exercise of the functions and powers in accordance with the law.